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Need an research paper on party-selected judges and arbitrators in international legal proceedings: their role, independence, desirability, and compatibility with the general principles of law governi
Need an research paper on party-selected judges and arbitrators in international legal proceedings: their role, independence, desirability, and compatibility with the general principles of law governing procedure before international tribunals. Needs to be 8 pages. Please no plagiarism. With the rising complexity of the interaction of states and other entities becoming more entangled the need for these avenues of settlement becomes apparent.
Various international legislations exist that provide for the use of the party – elected judges. The foremost instance where ad hoc judges are employed is in the International Court of Justice (ICJ). This international court allows in specific instance parties to elect individuals to the panel that will decide the dispute.
“If the Court includes upon the Bench a judge of the nationality of one of the parties, any other party may choose a person to sit as judge. Such person shall be chosen preferably from among those persons who have been nominated as candidates as provided in Articles 4 and 5.” 1
These are the two conditions by which parties in disputes before the ICJ may elect judges. The first provision is based on the scenario that the panel that is hearing a case has among its members a judge who shares the nationality of one of the parties. The second provision precludes a scenario where the parties in a dispute have no judge in the panel that will hear their dispute. In this case, they are allowed by the statue to elect judges to the body. This is of course subject to qualifications and requirements in the same statute.
It is clear from both provisions that each labor to ensure that the interests of both parties are protected and well represented. Furthermore, this is based on the idea that parties who shares nationality with judges or elected the same would be more subservient to the decision to be handed down by the court.
There are also provisions that manifest the use of ad hoc judges in other judicial bodies. “Judges ad hoc shall participate in the case in which they sit on terms of complete equality with the other judges.
